wealth in america, but you have to hear where he says that money is going. >> all of our money is being redistributed to washington. it's a boom town. there's no evidence of the economic collapse in our nation's capital. in fact, i think the zip codes around washington happen to be now in the top five wealthiest zip codes in the country. stands to reason that's where all the money is. that's where it goes to be redistributed, where all the people get their mitts on it. they don't have the slightest clue. look at obama. he goes off to hawaii, what going to trip out and back is 4 million bucks on air force one. not to mention what it's costing us to rent his home when he's out there. haven't the slightest idea. obama couldn't pay for 1/100 of the life style he's living on his own, never. he couldn't do it. but he's living it. >> former congressman allen west joins us, good morning,

sir. >> good morning, and happy new year, greta. >> happy new year to you, too. rush limbaugh says that washington is essentially a boom town and i must confess, the houses, they're home for the weekend the senate isn't going to work weekends, and maybe their constituents, and the president this minute is in hawaii playing golf. what kind of message does that send to the american people? >> well, one of the things that you learn in the military is that leadership is about setting an example. and when you look at the suffering that's going on down in main street, there is a big chasm a huge divide between washington d.c. and the country. and what's important for the growth in the united states of america is capital. is people having the money in their pockets to be able to invest, innovation and the growth of small businesses and other businesses and corporations. what you see happening right now is a redistribution of that wealth through taxation. when you look at the affordable care act and the fact that you're going to have capital gains taxes and

dividends taxes as part of that, health savings account, flexible spending accounts being taxed largely, when you also have such things as real estate transactions tax, financial transaction tax, and medical expenses all of a sudden taxed, and that's on top of what you're already seeing with the affordable care act, you can't go above 50 employees or else you go into a different category. what we see right now, greta, is the tax code being used as a punitive measure to grow washington d.c., to grow bigger government and then redistribute wealth based upon their own ideological beliefs. >> greta: congressman, one of the biggest expenses in the federal government, and talking about the word entitlement, but it does include some of our more improverished neighborhoods in this country in the urban areas and in the last four, six, eight years, has anything been done, not just -- not just to sort of put money there on the table, but to actually empower and get people out of poverty and turn this horrible cycle we're on

of poverty to poverty? has anything at all been done? has anybody paid any attention to them? >> i don't think that anyone is paying attention. i think you see the contrast from us moving away from an opportunity society to having an independent society. it was the late great jack kemp and art lauffer, for ronald reagan, stimulating economic growth within the inner cities because we will not have a strong economy unless we take care of the smallest or the lesser of these communities. >> greta: how in conscience to people who-- take the fiscal cliff bill, how do members of congress and the president sign that bill into -- in good faith knowing that people in my hometown who own small businesses, they don't get much out of it, but you get lots of perks for people like goldman sachs gets

a good deal and hollywood and special interests and try to sell it to us as a great, grand things they've done for us, when they've given their buddies once again little perks? >> once again, i think that's the separation between washington d.c. and the people of the united states of america. when you look at that fiscal cliff bill that i voted no against, and i was glad that that was my last vote because i think it sent a very principled message. 41, the original 41-1 as far as tax hates to spending cuts, greta you and i have well talked about this duplicative programs, we've not done anything about that. >> greta: why not? why don't they care. it almost seems indecent, from the president, the top through the white house, all the way through the federal government. you know, where is the sort of sense of decency or even common sense. you can't just keep looking the other way on waste and fraud and you can't continue to keep giving your buddies the deals, and really denying the american people who put

you in office the relief they really need or the help for them to be left alone. >> you're absolutely right. there are things we should be doing to take care of the american people and it's principle prague matism. when the president stands there and says we're not adding to the deficit. we know that's not a truism with the fiscal cliff deal, and when he says he's not going to raise taxes on median families, he's actually doing that and we've seen their wages decrease by 4%, about $2,000. and we're not even talking about the incredible increase of gasoline, the incredible increase of food, commodity prices because we're printing so much money. it's really unconscionable what's going on in washington d.c., but i now have an opportunity to keep my voice out there to work against those types of policies. >> greta: it's sort of interesting, the president's approval rating is start to go decline a little bit. congress is at an all-time low. nobody seems to like the federal employees, elected

officials, and they seem to be doing a lousy job when they finally do do their works, and sat there for 18 months and didn't do anything for the fiscal cliff until the last minute and kicked down the can. >> and the president-- and the president signed an executive order that lifted the ban on the freeze on federal government of compensation. >> greta: why did he do that? why did he do that? >> i guess it's a scratching my back kind of thing going on in washington d.c. >> greta: why isn't there a conscience on that. the federal employees have great jobs and probably like better jobs, but people that don't have jobs at all. those in the federal government may not be perfect, but their jobs, i can't understand why they get their pay freeze lifted and it doesn't seem to cause much stir and people don't think that might not be a good idea and might be almost in some instances indecent to some americans who don't get them. >> you're absolutely right. there's an incredible disparity between that public sector conversation and the private sector conversation and we continue to see the

public sector compensation when you include the benefits, it's growing. when i think of those men and women in the military, those are people we need to absolutely be taking care of. those out there giving their last full measure of devotion, but there are places up there in washington d.c. through some of the agencies and bureaucracies, we need to ask the question, are they meeting their intent, what are they doing for the american people and i think that some people should walk down some of these hallways and go in the cubicle by cubical, what are you doing for the american people this day. >> greta: thank you, any new plans for the new year. i know you're no longer in office, but what's the plan? >> well, i have plenty of good plans and greta, you know, i'll be out there with my voice and don't worry, i'll still be around and i'll be here for you to call upon as well. >> greta: congressman, thank you, sir. >> always a pleasure, thank you. >> greta: even former burglars now jump into the fray or a

newspaper publishing a map of gun owners ex-crooks calling the map gold. the controversy started when the journal news put out an interactive map locating gun owners in new york city suburbs, last here on the record, new york state senator greg ball told us why that information must not be published in the future. >> now, the journal news for whatever reason, no reason at all print add interactive map that literally within 30 seconds, those offenders can be on the virtual doorstep of these individuals. and we've introduced legislation, it's had bipartisan support, this isn't a second amendment issue necessarily, i have gun control advocates who are just as upset as second amendment advocates and make sure that we've got to pass legislation to make sure this information while publicly accessible cannot be dispersed in the way the journal did. >> greta: are the interactive maps making life easier for burglars? bob spent eight years in prison for armed robbery,'s now a security consultant and joins us, nice to see you.

>> good evening, greta, how are you. >> greta: tell me, why do you think this interactive map locating the different gun owners why is that gold for burglars? >> well, because one of the things burglars look for when they go into houses is guns. it's so easy to sell guns and make cash, they always look for them, now that this interactive map is up, and the issue is such a strong issue, every criminal in those two counties and surrounding area is aware of it. so they're going to be checking out this map, they're going to be casing the neighborhood. and there's a couple of ways to find out if a home owners are home or not. so, you're going to see in the next few weeks several burglaries or more occur in this area and here is what's going to happen, greta. when they get into a house and they steal these guns, the home owner's going to call the police and report a burglary. and of course, as the guns are registered, the police will have the serial numbers and then down the road, maybe a week, two weeks, three weeks, or a month, one of these handguns or more is going to

be used in an armed robbery and maybe a clerk or an innocent bystander is killed. now, you're an attorney, greta, you can probably see where i'm going with this, what's going to happen is the surviving members of the victims are going to contact an attorney. and they're going to see about putting together a lawsuit alleging negligence on the part of the home owner not having the gun secured and a wrongful death issue. >> greta: let me stop you, if someone breaks into your house that's pretty much protecting you from civil liability. if i were a burglar, haven't been yet, the last thing i want to do is break into a house with a gun. i'd be afraid it'd be used against me and blow my brains out and broke into a house without a gun, and i wouldn't be interested in stealing a gun as you properly noted there are serial numbers on them when you go to pawn it or sell it and sign the pawn slip the gun is traced back to you

and if you want to buy them on the street they're readily available whatever, i'd rather go for the jewelry, faster to get rid of and rather going into a home where there isn't a gun and run the risk of the home owner with a gun pointed at me. >> every home i've broken into live on tv news, we fake jewelry and laptops, and credit card, financial fraud and identity theft. we take prescription drugs, anything of value laying around. the guns are a major priority because they're easy to turn. you can take a $800 handgun and sell for $400. grind down the serial number, greta, a good forensic labs can pull that up because of the indentation in the metal. gunning sta gunni gangsters are looking for guns and want any kind of gun to get their hands on. guns are a big priority in a burglary. >> when i use today practice law and had a lot of clients

unfortunately arrested and accused burglary and other crimes, and they were familiar with guns and weren't so afraid of guns in the home what they were afraid of were dogs and the yappers, it was the dogs seem to be the burglar would move onto the next home if ned a yapping dogs and i thought dogs were a good form of defense, do you agree or not. >> i don't agree. a yapping dog usually is a little dog. if a yapping dog. >> they're terrified of dogs, my clients were terrified of dogs, for reasons i never knew, i'm not afraid of dogs, absolutely terrified of dogs. >> i'm not afraid of dogs, greta. i know how to handle dogs, ways to take them out period and as far as a home owner being home, they're like i said, there's a way to find out if a home owner's home or in. nd it doesn't take an act it's easy, make a phone call. >> greta: and-- >> most burglars, most burglars know how to find out if a home owner is home or not. they know what to look for when they go casing a

neighborhood. and burglars-- >> and with that. >> burglaries are-- >> with that i've got to go, bob. the debate will go on and there's lot of, all sorts of ideas and conflicting thoughts on all of these topics, bob, thank you. >> you're quite welcome. >> greta: now, while some new york lawmakers are trying to make some gun owners information private a connecticut law make ser trying to make the opposite in his state and right now the names and addresses of gun owners in connecticut are confidential, but all that might be about to change. why? hartford current reporter joins us, john, why might that change in connecticut? >> well, the chairman of the public safety committee in the legislature has introduced a bill, legislative session opens next wednesday, and he's brought in the bill to make available under the freedom of information act, 170,000 gun, handgun permit holders. >> greta: why would he want to

do that? obviously, he's seen that that's disturbing to a number of people who own guns in new york. why does he want to do that? >> well, part of it, there's been a lot of reaction of course to the tragedy in newtown and he says that there have been people who want to have a discussion, people who, there are people who want to know where the guns are in their neighborhood and so, he says, this is an open society. you can find out where-- what property a person owns, what kind of car he drives and if they're licensed to drive. things like that. he says this is like that. the gun owners and the sportsmen's coalition, they're advocates disagree and say as were you talking about earlier, that this kind of information being out becomes a road map for criminals to know where there are guns to steal or where there, as some

people put it, soft targets, houses that don't have guns. >> i suppose there's also a little bit, for many people, is an exercise of a constitutional right and also the privacy of being able to sort of exercise that right. having a gun in their home. does it mean, all across the spectrum, people have very different views about this. i'm curious though, why in 1994 in connecticut was a law passed to make all that information private? >> it was a combination of things. the, actually one of these sports, sportsmen's coalition's group had foi'd a lot of names in hopes of actually increasing its membership, creating a mailing list. at the same time, there were other factors. there were gun control people who who wanted to tighten restrictions on former felons getting a hold of guns and in the give and take of that, as i understand it, they -- there was a reaction against the

release of these names under the freedom of information act that had arisen from the efforts of this sports coalition group, newspaper published some the names. so, as a compromise, the people who wanted to tighten the gun control law gave up on the disclosure. >> greta: you know, sort of interesting how the idea of privacy has now been, you know, the different thought in connecticut at least by some who are pushing the new legislation, how a law, now, almost 20 years has such a different view by some. i'm curious what will happen to this law. is it predicted it will pass in connecticut? >> it will be pretty tough. first of all, with the freedom of information, the whole trend is it to put more restrictions on information, not just about this kind of thing, but that would buck the trend. i mean, just the reaction to the story we published today, there was a huge negative reaction, actually i talked with steve darden, good night

who introduced the bill, he says in 30 years of politics he never had a day like this, he had 60 phone calls on his home phone message and that whatever happens, it's going to be after a real pitch battle. one of the arguments that the gun owners one of their group called handgun rights group, said that, you know, yes, there are permits for 170,000 handguns, but in connecticut you don't need a permit for rifles. so, what they say is, you know, there are probably more rifles than handguns. so publishing the list of handgun owners wouldn't tell-- wouldn't serve the purpose that's intended anyway because you're not going to know who else owns guns. >> greta: john, thank you very

much. i've got to go. thank you, john. and today, former representative gabby giffords visiting newtown, connecticut. she and her former astronaut-- or former astronaut husband, mark kelly, meeting with the families of the school victims. three weeks ago today gunman adam lanza viciously opened fire inside sandy hook elementary school gunning down defenseless children, defenseless adults. nearly two years ago, representative giffords was shot in the head in a mass shooting in tucson, arizona, she has become a gun control advocate and straight ahead, 19,000 people missing in massachusetts you heard right, who are all the missing people and why are they costing taxpayers millions and millions of dollars? that shocking story is next and also foreign tourists flocking to maternity hotels in southern california. what are maternity hotels and why are pregnant women staying there until they give birth? that's coming up. can a judge order a woman not to have any more children? that even legal? we'll ask our world famous

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>> 19,000 people in massachusetts vanish all of them welfare recipients at one time and state officials add midding they can't find them. and it gets worse, the missing

recipients are getting 90 million a year in benefits, that's taxpayer money. the governor patrick trying to downplay the mess. >> not all of those people are still on the the roles. many, if not most people, receive their benefits electronically not by mail, but for the 4% of mailings that were returned, you bet your life we're going to scrub through them and make sure that the information that we have is up-to-date. >> the 4%, 19,000 people is enough to fill the boston gardens, that's a lot of people that they don't know where they are. >> it's a lot of people, not all of whom do you or i know are actually on the welfare. >> but isn't that the-- >> so how did massachusetts lose track of all of these people and where is all of that taxpayer money really going? republican massachusetts state representative shauna o'connell joins us and is the governor correct that not all of those people, 19,000, are actually receiving welfare? what can you tell me about how many people are missing and how many of those missing are believed to be getting welfare

payments and perhaps incorrectly? >> well, this is information that we don't have yet, greta, that we should already have. they've known about this for many, many months now and it is consistent with the administration and the department of transitional assistance to not come out with information, to keep it secret and to keep it from the public. so i question the verification process here in massachusetts, whether it's adequate, whether it's being followed. just in the past year alone, we have been inundated with fraud and abuse scandals here in this program. we had five major drug busts in our program where people were trafficking their cars for drugs, selling them for 50 cents on the dollar so we've got some real serious issues here we need to look at, a drop in the bucket with the 19,000 people. >> greta: okay, now, the state didn't come forward with the 19,000 people that got caught during the course of a voter registration, is that correct? >> no, they didn't.

>> greta: so the state didn't come forward. did the state know about it and keep-- the state knew about it and kept it hidden? >> well, i'm sure they knew that all these people, the addresses were returned, the letters were returned undeliverable. it was by an foia request from the boston herald, i believe, that this information came to light and like i said, the dta operates really under the cloak of darkness where the information is not made available to the public even though this is a taxpayer-funded public assistance program. >> greta: i'm trying to figure out, i mean, first of all, figure out whether the 19,000 people who are missing, whether or not they really are receiving the payments, i suspect that some portion of them, probably not all. the first question. the second question, i wonder, is it a question of incompetence, bureaucratic incompetence or something where the state was well aware, but looked the other way, was it for political reasons or something else, that's what i'm trying to figure out. >> you know, i think there's some incompetence going on.

i think that the department is mismanaged. and there is some looking the other way going on here. there's really no incentive to get rid of the fraud and abuse in the program because really, these people get more money, states get more money, the more people they have on the welfare roles. so, you know, it's almost like the fox guarding the hen house here when they're doing their own oversight, their own investigations and own eligibility. >> greta: under that theory then, even if you don't live in massachusetts you should be angry if you live in other states, if it's federal tax money the more you have on the roles the rest of us are paying for a portion of your 19,000 missing people who are getting welfare, right or wrong? >> that's right. and we're talking, you know, if you talk about all the states that have these programs, there's fraud and abuse in all the programs, we're talking about billions and billions of taxpayer dollars and people just continue to look the other way. and it's really time that we got serious about fixing these programs and making the eligibility requirements much

more strict, doing asset verification and identity verification and making sure that the people who get into the programs really belong in these programs because we don't have enough money to go around as it is. we have senior citizens who can't pay their bills, who can't buy their prescription medicine. we have people in the military who are on food stamps, it's a disgrace and children are involved here as well and also suffer when the money is misused for begin inappropriately to people who shouldn't be getting it. >> greta: i don't understand why it wouldn't be, you know, such great pride if you're able to ferret out waste and fraud and really-- time and time again people just look the other way or ignore this and move and. it's extraordinary that people don't have -- politicians don't really enjoy like fixing this. >> you know, and you think they would, greta. but for some reason this is like one of those third rails of politics and people don't want to touch it, but i'm really determined to make a difference in this program and make it better here in

massachusetts for the taxpayers here. there's hard working taxpayers out there that work two and three jobs to support their families and they shouldn't be having it hear these stories of fraud and abuse in our system. >> greta: well, and of course, since the rest of us are also helping to pay as federal taxpayers then we all hope that you straighten it out, too, and every other state does as well. representative, thank you. >> thank you, greta. >> greta: coming up they're being called maternity hotels, but are they just scams and are you the one getting scammed? how could that be, you? find out next. and also, this should set your hair on fire, a rape conviction reversed in california. why did the california courts do that? because the victim is not married. she is single. our legal panel is coming up.

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>> it's not just the sunny weather and movie stars luring tourists to southern california. a very kind of tourism industry springing up in los angeles so-called maternity hotels are attracting pregnant women from asia. the l.a. times reporting that the women are travelling to the united states and staying in these hotels until they give birth. why? from the inland valley daily bulletin joins us, good evening and tell me why are they travelling to the maternity hotels? >> good evening, hello, greta. happy new year. >> greta: happy new year. >> thank you. well, these pre

are mostly wealthy women are coming to the united states on temporary visas and they are coming here with the intention of having their child on american soil. and according to the 14th amendment, children who are born on american soil are granted automatic citizenship and are therefore allowed to have benefits when they he have that citizenship. so what these women-- go ahead, i'm sorry. >> greta: i was going to say i went through the articles and www.usababycare.com and i assume in the chinese dialect and it seems like pretty overt in advertising. this is no big secret that these maternity hospitals or maternity homes are available, or hotels are available, isn't that true? >> no, it's not illegal that

these women come over here and visit, again, they're here visiting. >> greta: but, i mean, i don't mean illegal, but i mean, it's quite obvious what -- this is no big secret? >> no, amongst the residents it is no big secret, you know, they're -- it's only, it's a secret until the residents actually find out that they are he' actually happening, but they're quite common. you know, in the san gabriel valley and rowland heights and popping up there and most recently in the city of chino hills, an alleged maternity hotel operating in a large mansion over this as well. >> greta: how much does it cost? >> in talking to some experts, it's looking as if it's going to be costing the mother and possibly the husband anywhere between 30 to $50,000. one expert actually reported up to $100,000 to do this and

again, these are wealthy people, wealthy individuals that are able to come to the united states and do this. and it's not just chinese women. in our reporting we've heard pregnant women coming from turkey as well, a majority of the women from turkey are going to new york and the majority of pregnant women from the asian countries are coming to california. >> greta: is there any-- i mean, obviously, we have a child born here in the united states, that child then becomes a citizen. are the parents then immune from some -- is there some effort later to deport them or what happens to the parents? >> you know, the parents go back home and when the child turns 18, they can come here and you know, they'll have voting rights and they'll be obviously to obtain a driver's license. nothing really happens to the parents from our reporting that we can see. at some point though, the child is able to petition for

their parents to actually come to the united states. >> greta: well, we'll continue to follow this. i'm sure that we're going to have a big immigration discussion at least what the republicans and democrats have promised us. anyway, nice to see you, thank you. >> thank you. >> greta: coming up, a judge telling a neglectful mother no more children. now that strange sentence is now raising the question, is that even legal and how is that judge going to enforce that? we have the perfect panel to ask, our legal panel, that's next. and in 90 seconds, revenge, a woman finds a creative way to get back at her ex-boyfriend. if you've ever had a bad breakup you're going to want to see this one. that's just 90 seconds away. ♪

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>> they say hell has no fury like a woman scorned and a woman in new zealand just proved that's true when her ex-boyfriend ran off, the woman cooked up a unique and profitable revenge plot. what did she do? get this, angela potter sold the secret location toss her ex-boyfriend's favorite fishing spots. that's right he'd entrusted her with the information while they were dating. after he high tailed it for australia, potter auctioned that off on the internet and she expect add few hits, but got nearly 90,000 and made $3,000 and spent that on herself. potter insists she wasn't trying to be cruel, he wanted a good laugh and got it. looks like her ex will have company at not so secret fishing spots and potter is

now dating a new fisherman. now, we want to hear from you. what have you done to get back at your ex. tell the truth. go to gretawire.com, it's anonymous. we're back in 90 seconds.

>> a strange ruling reversing a rape conviction, our legal panel is here in just 60 seconds. first let's go to our new york news room where mary anne rafferty is standing by with the headlines. >> an airline pilot arrested just before takeoff after

failing a breathalyzer test. before he boarded his american eagle plan at minneapolis-st. pa paul. the flight bound for laguardia airport took off with a replacement pilot. and two months after superstorm sandy hit the northeast, new helps for the victims. nearly 10 billion dollars for the flood damage claims and without it the it would have run out of money next week. calling the funds a good start. congress will have to vote on another 51 billion dollar aid package later this month. i'm mary anne rafferty, now, back to "on the record." . >> greta: a very strange plea deal raising eyebrows in florida. a judge ordering a neglectful mother to stop having children. she was convicted of child abuse, left her kids in the hotel room while she went out

partying and the judge banning the woman from having any children during her 13 years of probation, can the judge do that? and how is that going to get enforced. joining us our legal panel, michael cardoza, and bernie grimm and ted williams. can he do that, can it be enforced? >> and people say can the police do that and the judge do that? yes, they can, the issue is whether it's-- i think the human right of having children and pro creating, a judge can't step between that, what happens if she gets pregnant, can he order her into court and have an abortion. >> she loses her probation and goes to jail. >> and has the baby in jail, and it's troubling, the woman is completely irresponsible fthere's a case to tell a woman to stop having children, this is it. >> i should add the latest child abuse, a guest found a

child strapped into an overturned stroller in a hallway while she was partying. >> again, it's troubling and i wish the judge could do this. we're not living in china where you're limited to the amount of children that you can bring into the world, but let's be very candid here, there are women-- >> it sounds-- >> and these crack babies into the world, there are women who mistreat and abuse these children when they come into the world. i wish the judge had this power. this judge doesn't have this power unfortunately. >> greta: all right, michael cardoza. >> i've got to tell you, it's a constitutional, fundamental right to have children so for a judge to do this, do they do this? yes, will it be on appeal, yes. i think that bernie brings up a good point. and the first thing that jumps into my mind, did the judge order don't conceive children

or don't have children because if it's conceive children then while she's pregnant, she's violated the probation, but if it's don't have children, then springboarding off bernie's comment, what about abortion? is she going to hide the evidence and have an abortion and that brings up all sorts of other issues, so she gets pregnant, she has an abortion to hide it from the judge. it brings all sorts of ethics, and don't think that this is the first time this ever happened. down in texas in '08, a judge by the name of baird, did this exact same thing to a woman down there. but he said don't conceive and don't have children. did it stand? apparently it did, but when and if this one goes up on appeal our courts will never affirm this. >> now what, we talk about this case, but it's really in some ways not unusual that people have multiple counts of child abuse, she was on probation four years no contest, charged with hitting her son in the face with a

belt in 2009 complicated by the fact they love their parent, the abusers and this is sort of the ugly secret in the courthouses that these happen all the time. and these poor kids. but anyway, let's take a look at another unusual case, a california man was convicted of rape and prosecutors say he sneaked into a sleeping woman's bedroom after her boyfriend left. he pretended to be her boyfriend and had sex with her. when she woke up and realized who he was, she screamed and resisted and the man was found guilty of rape, but now appeals court ruling reversed his rape conviction, why? because the woman, she wasn't married. bernie? >> troubling, really-- >> troubling. >> really troubling because under this scenario, i could go to a local dormitory, get in bed with a woman, and whisper, this is tom cruise, have sex with her and it's not rape. so the statute needs to be changed. >> it's from the 1800's isn't it. >> 1838 and i think ted just turned 20 then. >> you know, and bernie is

absolutely right. now, the statute is enacted in 1872 says that rape is when you have sexual intercourse with someone other than your wife, or-- >> isn't it-- okay. >> but what i really believe is going to happen, this case has been remanded back down to the lower courts. i believe that they'll probably be a plea bargain in this and that this guy will not get away scott free with raping this woman. >> greta: and michael, since this is your silly state, and usually think of rape as a sexual act without content. i mean, can a woman content when she thinks it's somebody else? >> can she content? sure, in a sense she can content, but isn't she deceived? here is what's going to send you all up a wall. a couple of years ago down in santa barbara, this exact-- >> california. >> exact thing happened, in california i know, we can take another shot -- i'm going to leave wisconsin alone now. but equivalent to california

if i believe i recall correctly. and anyway, down in santa barbara, what happens, this exact same thing. what happens? our legislators start to write a law, that law gets stuck in the-- i believe it was public safety committee and there it sits. so, two years later, the legislators in california still haven't amended this law so this type of thing is against the law. the appellate court in this case was absolutely right. under the way our law is written in california, what this man did and what the d.a. argued to the jury, does not make it rape. the law has to be changed. >> greta: it brings it back to the question-- >> it's horrifying, but it's not against the law here. >> greta: but it brings back the issue, the politicians not completing their job and they have this law here and what they all do, they went on vacation and going to basically ignore it. time, time and time and time again and we keep electing them. >> and we do keep electing them. this is clearly one where the legislators needs to change

this. rape is rape. >> greta: you can't retroactively-- >> no, but the fact about it rape is rape. this woman, if you believe the facts as she has presented them, that she was unconscious, she was not aware that this was her boyfriend and that this guy had sexual intercourse-- >> not unconscious, but-- >> she was in an unconscious state according to her and this is troubling and i believe-- >> asleep. >> that's unconscious, i believe. >> greta: well, gentlemen as always, thank you. >> okay. >> greta: and now famous crime writers mysteries, dennis is the author of shutter island, gone baby gone. and his beloved dog is gone. disappeared from his home on christmas eve ab covered a special reward to anyone who brings tesa home. >> we're offering a cash reward absolutely, but also, i am a writer well-known in the city you want to be in the next book, you want a character named after you in

the next book, that could be arranged if you, if you bring me home my dog. my dog home to me. >> greta: he hopes his beagle is picked up by someone who doesn't know she has had a home and hopes to bring tessa back soon and so do we. your incredible shrinking paycheck. how hard will you get smacked. find out what you didn't know about your paycheck next and also caught on camera-- >> why are these people so distraught. what could have made them this upset. you'll see for yourself and you'll definitely be surprised. stay tuned. ] [ baby crying ] ♪ [ male announcer ] robitussin® liquid formula soothes your throat on contact and the active ingredient relieves your cough. he nces™.

>> brace yourself.

if you just got your first paycheck of the new year you probably didn't like what you saw. did you notice that your check shrunk a bit. what is chipping away the at your check. >> greta, have you checked your paycheck today? you might want to and every american, because it's 2% less than last week. that's right, as part of the fiscal cliff, the payroll tax rose from 4.2% to 6.2% today. and it affects every working american. >> peter, what's this all mean? >> well, the last two years washington agreed to cut the payroll tax that you pay for your social security retirement from 6.2% to 4.2%. so, that costs the government about 100 million dollars a year in revenue. so, now the government has raised that back up. well, that's 100 billion dollars that's going to come out of consumer's pockets, it was put there to help try to stimulate the economy because of the weak economic recovery, but now, everyone's agreed that we've done it for two

years, that's enough. the economy is growing okay, so we can pull it back. you can't pull it back without having some consequence. the average income for a worker in this country is about $50,000 a year, or so. so 2% of that is about $1,000 and there's independent analysis that shows that this increase in the payroll tax is going to cost the average worker about $800 to $1,000 more a year. so, that's 800 to $1,000 less in income, about $40 a week. that might be very important to families that are still struggli struggling. >> i'm a college student, just congratulated, student loans, every penny counts. how do you feel about the fact that your pay check is 2% less than last week. >> that sucks, terrible, that's awful. can't believe it. >> i think it's pathetic congress can't get their act together. >> how do you feel about your

paycheck being 2% less than last week. >> i'll let now when i look at it. >> congress let us down and i'm willing to give that 2%, now, in order to step up and make sure that we're taking care of what we need to take care of. >> actually, this was pay day and i haven't seen the statement yet. >> are you afraid to look? >> it's anxiety producing, yes. >> how do you feel about the fact that your paycheck is 2% less today than it was last week? >> sucks. >> you didn't know that? >> no. >> and take the bitter with the sweet. >> i know everyone at home is now rushing to check his or her pay stub, but hurry back, coming up next is your last call. "les miserables" is one of the most popular movies of the holiday season, but it ruined one couple's weekend. how? trust us, you'll want to see this tape and you will in just two minutes.

girl: don't look at me. second girl: your hair's a bit frizzy today. aw! ha ha! you should pick that up. announcer: every day, kids witness bullying. poor you. ha ha! they want to help but don't know how. teach your kids how to be more than a bystander. visit stopbullying.gov. >>to turn it aroun. >> joplin, missouri, come back from a devastating tornado. man: and now we're helping the t recover from hurricane sandy.

we're a leading global insurance company, based right here in america. we've repaid every dollar america lent us. everything, plus a profit of more than $22 billion. for the american people. thank you, america. helping people recover and rebuild -- that's what we do. now let's bring on tomorrow. oh! blue! time! time out. i touched it. i touched the ball before it went out, coach. come on, alex, the ref did not call that! you gotta be kidding me, alex! it's the championship game! talk to him, coach. i touched, it's their ball.

don't foul them when they inbound. team on 'three.' one, two, three. nice going, alex. sorry coach. alex! good call. >> greta: 11:00 is almost here, it is time for last call. the new film version of "les miserables" is a box office hit. everyone knows it's a tear jerker but sit making movie fans miserable? check out this reaction to the film. >> the end -- it was so... >> oh, my god. my god. i can't talk about it.

[ crying ]. >> the family members... >> that is your last call and we are closing down shop. thank you for being with us tonight. make sure you go to gretawire.com and let us know what you thought about tonight's show. we'd like to congratulate bret baier, tomorrow is his four year anniversary of anchoring special reports. we're anxious to see what he's going to do in the next four years. congratulationses and good night from washington, d.c.. go to gretawire.com, blog with us. >> bill: o'reilly factor is on. tonight factor exclusive, marine corporal unjustly incarcerated

speaks on the tot public for the first time and corporal john hammer does have a story to tell. >> when demand for oil and coal increases, the price goes up. when demand for solar cell increases the price comes down. >> a follow-up on al gore selling his cable network to the big oil anti-american guys that run al-jazeera. >> and miss universe, 2012 is olivia culpo. >> and why does miss universe oppose the recreational use of marijuana? she will be here to tell us. >> bill: caution you are about to enter the no-spin zone. the factor begins right now.

>> bill: i'm bill o'reilly. thanks for watching. no talking points memo because we have a very disturbing situation on our hands. we were supposed to have john hammer tonight. at the last minute he simply could to the do the interview. as you may know the corporal has been through a very terrible ordeal. returning from iraq an afghanistan with post-traumatic stress disorder. he was imprisoned in mexico on bogus charges. after trying to register a shotgun about border authorities. the state department couldn't get him out of prison. president obama took no notice. we got involved. four days before christmas the mexican government finally released jon hammar. then doctors say his physical condition was awful. today things became chaotic. joining us from miami is his